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1127.13 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use prohibited by the terms of this Code in such district.
(Ord. 98-176. Passed 8-3-98.)
1127.14 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
   The Board of Zoning Appeals shall establish a date for a public hearing within sixty (60) days after the receipt of an application for a variance.
(Ord. 98-176. Passed 8-3-98.)
1127.15 NOTICE OF PUBLIC HEARING.
   Before holding the public hearing required in Section 1127.14, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance.
(Ord. 98-176. Passed 8-3-98.)
1127.16 NOTICE TO PARTIES OF INTEREST.
   Before holding the public hearing required in Section 1127.14, written notice of such hearing shall be mailed by first class mail, or hand delivered, at least ten (10) days before the day of the hearing to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1127.15.
(Ord. 98-176. Passed 8-3-98.)
1127.17 ACTION BY BOARD OF ZONING APPEALS.
   Within thirty (30) days after the public hearing required in Section 1127.14, the Board shall either approve, approve with supplementary conditions as specified in Section 1127.17, or disapprove the request for a variance pursuant to the provisions of this chapter. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and demonstrate that the decision will make possible a reasonable use of the land, building or structure.
(Ord. 98-176. Passed 8-3-98.)
1127.18 DUTIES OF BUILDING INSPECTOR AND BOARD OF ZONING APPEALS.
   It is the intent of this Code that all questions of interpretation and enforcement shall first be presented to the Building Inspector and that such questions shall be presented to the Board only on appeal from the decision of the Building Inspector, and that recourse from the decision of the Board shall be to the courts as provided by Section 1127.19 and Ohio R.C. Chapter 713.
   If, in the course of carrying out the intent of this chapter of a judicial review of all appeal cases brought before it, the Board finds a series of similar irregularities or inequities, the Board shall inform Council and the Planning Commission of these matters in order that Council may consider a change in the appropriate zoning regulation and Map to alleviate the same.
(Ord. 98-176. Passed 8-3-98.)
1127.19 APPEAL TO COURTS.
   Any party aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Lorain County, Ohio.
(Ord. 98-176. Passed 8-3-98.)
1127.20 FEES.
   The fees for all applicant costs incurred in this Zoning Code shall be established by City Council. No plan shall be accepted for filing and processing, as provided in this Zoning Code, unless and until the established filing fee is paid to the City.
   The applicant shall be responsible for the expenses incurred by the City of Elyria in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services, including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereto.
   At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City Auditor in the amount equal to the estimated cost of the City's expenses.
(Ord. 98-176. Passed 8-3-98.)
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